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The Shiv Sena-NCP-Congress combine on Sunday told the Supreme Court that Maharashtra Chief Minister Devendra Fadnavis should be directed to prove majority today itself or they be given an opportunity to form the government led by Uddhav Thackeray.
The combine claimed that they have the numbers to prove a majority in the House and that the governor's decision to invite Fadnavis was "unconstitutional"
The post-poll alliance also questioned the manner in which President's rule was revoked at 5.17 am on the recommendation of the governor.
A bench headed by Justice N V Ramana said the petitioners have not challenged the withdrawal of the proclamation in their plea.
The bench, also comprising justices Ashok Bhushan and Sanjiv Khanna, was told by senior advocate Kapil Sibal, appearing for the Sena that "the only thing the court can now do" is order for a floor test.
Detailing the sequence of events, Sibal said that the pre-poll alliance of BJP-Shiv Sena broke down after the declaration of election result and the current situation involves a post-poll alliance of three parties Shiv Sena, NCP and Congress which were holding deliberation on government formations.
To this, the bench told Rohatgi, "It is the discretion of the Chief Justice of India. We have been nominated by the CJI to hear this matter and that is why we are hearing it".
Rohatgi strongly objected to one the prayers in the petition which sought the direction to the governor to invite the combine to form government and said, "They don't have any documents with them. Their petition is without any annexure. What kind of prayer is this?".
To this, Justice Ramana observed, "Nowadays, in this court sky is the limit. Anyone can ask for anything in the court".
The bench then observed that it was not aware of the orders or communications of the governor.
Rohatgi said that the court should give them two-three days time to place the relevant documents on record.
Rohatgi said time must be given to file appropriate replies and affidavits on their petition and "we should be allowed to spend our rest of Sunday in peace".
Senior advocate Abhishek Manu Singhvi, appearing for the NCP and the Congress, contended that a governor, before inviting anybody to form government, is obliged to satisfy himself on three grounds -- satisfaction based on written documents, written documents with signatures of MLAs and their physical verification.
He said that the NCP had held a meeting yesterday at 3.30 pm in which Ajit Pawar was removed as the legislative party leader and a resolution was signed by 41 MLAs.
While insisting on immediate floor test, Singhvi referred to an earlier apex court verdict and said it was necessary to prevent horse trading.
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LIVE Updates of political developments in Maharashtra
Maharashtra Government Formation LIVE: Opposition parties will meet tomorrow at 10 am in Parliament to take a final call on boycotting the President's address on the occassion of Constitution Day. NCP's top leadership will also speak to its MPs in Delhi and tell them to stay in touch with the other opposition parties and do what is decided by the united opposition. (News18 quoting sources)
Who Said What in #MaharashtraPoliticalDrama - at Grand Hyatt Hotel where 162 MLA from Shiv Sena, NCP and Congress assembled to show the alliance's strength #WeAre162
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Here's what Uddhav Thackeray, Sharad Pawar, Ashok Chavan said on #MaharashtraCrisis https://t.co/3I1emh0UFY pic.twitter.com/KUK8sBaA3P
Samajwadi Party's Abu Azmi at Hotel Grand Hyatt in Mumbai where Shiv Sena-NCP-Congress MLAs assembled today: After an approval from the party chief Akhilesh Yadav, I have given a letter showing the support of SP for Shiv Sena-NCP-Congress alliance (ANI).
Abdul Sattar, Shiv Sena MLA: Aaj hamare sath 162 MLAs hai, agar BJP ke paas hai toh unhe batana chahiye. Jo torh-forh ka prayas karega hum uski mundi torh denge (Today we have 162 MLAs. If the BJP has the number, they should say it. We will break the head of anybody who tries to break us).
Ashish Shelar, BJP, reacting to the Maha Vikas Aghadi's show of strength: Identification parade is done in case of accused persons, not in case of elected MLAs. It is an insult to the MLAs and the people who elected them. (ANI)
Maharashtra Government Formation LIVE: Meanwhile, the Shiv Sena and Congress will boycott the joint session of Parliament tomorrow but NCP has decided to attend, News18 has reported.
Maharashtra Government Formation LIVE: NCP chief Sharad Pawar, while addressing the MLAs, also said that apart from the 162 signatures, "many others" have also supported the alliance but since their signatures are not on paper, their names won't be disclosed.
Maharashtra Government Formation LIVE: All the 162 MLAs are now taking an oath that essentially talks about being loyal to the alliance and not indulging in any anti-party activities.
Sharad Pawar: We are prepared for the floor test, any day that the SC orders it. I take responsbility for every MLA, I assure you that nothing will happen to you.
Sharad Pawar: BJP has shown how power can be misused. We have now removed Ajit Pawar as the leader of the party. Ajit does not have the right to issue party whip anymore.
Sharad Pawar: They have formed government in the wrong manner. In Maharashtra, out of 288 Assembly seats, we have 162. It is our responsibility to give a stable government to Maharashtra.
